TERMS OF USE AND SALE

Welcome to the Microsoft Online Store located at www.microsoftstore.com (the “Microsoft Store” or “Website”). The Microsoft Store is a website operated by Microsoft Luxembourg S.à.r.l.

If you are purchasing electronic software downloads, you are contracting with Microsoft Luxembourg S.à.r.l., located at 23-29, Rives de Clausen L-2165 Luxembourg. If you are purchasing other products, you are contracting with Microsoft Ireland Operations Limited, located at The Atrium Building, Block B, Carmanhall Road, Sandyford Business Estate, Dublin 18, Ireland (together, “Microsoft,” “We,” “Us,” “Our”).

If you purchase both electronic software downloads and other products from the Website at the same time, you may receive separate purchase confirmations from the Microsoft entities listed above and your credit card statement may show separate charges from the respective Microsoft company.

Through Microsoft Store, Microsoft provides you with access to a variety of resources, including the Website, information about software, services and other merchandise that may or may not be available for purchase, download areas, software and tools, (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale ("Terms of Use and Sale" or "Contract"). By using the Website, purchasing products from the Microsoft Store or using any Services, you accept and agree to these Terms of Use and Sale, Microsoft's Privacy Statement (see the PRIVACY AND PROTECTION OF PERSONAL INFORMATION section below), and applicable terms and conditions, policies or disclaimers referenced herein and accessible through the related hyperlinks (collectively the "Microsoft Store Policies"). The Microsoft Store Policies can also be found in the Microsoft Store. We encourage you to read the Microsoft Store Policies carefully.

Please note that if we have a Microsoft Retail Store located in your country or region, it may have different policies.

Terms Relating to Your Use of the Microsoft Store

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Microsoft Store and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the Microsoft Store or Services.

Documents specified above do not include the design or layout of the Microsoft.com website, the Website or any other Microsoft owned, operated, licensed or controlled website. Elements of Microsoft websites, including the Websites, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft website, including the Website, may be copied, retransmitted or made available unless expressly permitted by Microsoft or applicable law.

The documents and related graphics published on the Microsoft Store or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Microsoft and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If the Microsoft Store or any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify Microsoft without delay of any unauthorized use of your account or any other breach of security.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including Microsoft.

Microsoft reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, where there is reasonable justification to do so.

MATERIALS THAT YOU PROVIDE TO MICROSOFT STORE OR POST ON THE WEBSITE

Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback, ratings, and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, Microsoft shall be permitted to use your Submission, including your name, for the purpose for which it was submitted.

No compensation will be paid with respect to the use of your Submission. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion.

You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use and Sale including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

UNSOLICITED IDEA SUBMISSION POLICY

Microsoft and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Microsoft's products or marketing strategies might seem similar to ideas submitted to Microsoft. So, please do not send your unsolicited ideas to Microsoft or anyone at Microsoft.

If, despite our request that you do not send us your ideas and materials, you still send them, please understand that Microsoft will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.

LINKS TO THIRD PARTY WEBSITES

Microsoft Store may include links to third party websites that let you leave the Website. These linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site. Your use of the third party website may be subject to that third party’s terms and conditions.

Terms Relating to the Sale of Products to You

GEOGRAPHIC AVAILABILITY

The Microsoft Store is intended for use by customers who reside in the region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that region. Please see Orders for more information.

END USERS ONLY

You must be an end user in order to purchase products from the Microsoft Store. Resellers are not eligible to purchase from the Website.

EXPORT LIMITATIONS

Products purchased from the Microsoft Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Microsoft Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS

Product prices and availability are subject to change at any time and without notice, but you will always be charged the price which is displayed at the time you confirm your order. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household which you will be informed of on the Website or prior to us accepting your order.

Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for legitimate reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. Credits or refunds will be made to the same method of payment and account used to place the order, unless you have expressly agreed otherwise. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.

Unless a specific delivery period is mentioned at the time you place your order, your products or services will be delivered without undue delay and within a maximum of thirty (30) days of the date of your order. We are not responsible for any undelivered packages if the carrier provides satisfactory proof of delivery to the address that you provided. Please see Orders for more information.

SOFTWARE PURCHASES AND LICENSE TERMS

Any software that is made available to download from the Microsoft Store (“Software”) and other merchandise (including services) available on the Microsoft Store or Services is the copyrighted work of Microsoft and/or its suppliers. When you purchase Software, you are actually purchasing a license to use the Software rather than purchasing the Software itself. Software licenses purchased at the Microsoft Store are subject to the license agreement that accompanies the Software product (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement at the time you install the Software.

PLEASE CONTACT THE MICROSOFT STORE (AS DESCRIBED IN THE NOTICES AND COMMUNICATION SECTION BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT, AT NO COST, BEFORE YOU OPEN THE SOFTWARE.

Any reproduction or redistribution of the Software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.

FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE MICROSOFT STORE OR SERVICES, OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD WHICH ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

Please respect the intellectual property rights of others when using the tools and utilities made on the Microsoft Store or Services, or in Software products or merchandise.

ELECTRONIC SOFTWARE DOWNLOADS

Electronic Software download (“ESD”) products are delivered to you by making a download link available in your Microsoft account (formerly known as “Windows Live ID”) associated with your product purchase. Subject to the paragraph below, we will store the download link and related digital key in your Microsoft account for three (3) years following the purchase date. For ESD subscription products, different terms and storage rights may apply, which you will be asked to review and agree to at the time of your subscription.

You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for legitimate reasons, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days advance notice to you using the contact information for the related Microsoft account.

OTHER TERMS AND CONDITIONS

In addition to Software and ESD products, other products and services available for purchase or trial on Microsoft Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to also accept those terms as a condition of purchase, install or use.

AUTOMATIC RENEWAL PRODUCTS

Provided that automatic renewals are allowed in your country, region, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for the services using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.

PRICE AND PAYMENT

The price of products at Microsoft Store will be as stated on the Website. If we have a Microsoft Store retail location in your country or region, the prices, product selection and promotions offered on the Website may vary at any time from what is offered or available in our retail locations. Microsoft does not guarantee that a price, product or promotion offered online will also be available or honoured at a retail location. Similarly, Microsoft does not guarantee that a price, product or promotion offered at a retail location will also be available or honoured online.

Pricing at Microsoft Store is based on sales of Software and hardware to individual end consumers. If you are purchasing for a commercial, educational or government organization, please contact us for more information about our volume licensing programs.

Microsoft Store does not have a price match guarantee. It will not match the advertised price other retailers offer for the same items.

We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. A credit card is required for pre-order, but your card will not be charged until your order is shipped or the product is made available for download. However, an authorization hold or small temporary charge may be placed on your credit or debit card as a result of your pre-order. Note that we can't charge your card and complete your order if your card expires between the date you pre-ordered the item and the date the item becomes available. Please ensure that your billing and contact information is current at all times. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will honor the lower price. If you notice that we have lowered a price on an item you recently pre-order, just contact Sales and Support and we’ll gladly issue a refund or credit for the difference, as applicable.

Pre-orders can be reviewed, updated, or cancelled at any time before pre-order items are made available for download or processed for shipping. Please contact Sales and Support to review, update or cancel a pre-order. We will indicate on the website if different pre-order terms apply to a specific product. Once your pre-order is shipped or made available for download, our normal return process applies. Please see Orders for more information.

Prices shown on the Website include all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website exclude delivery costs. You will have to expressly agree to any additional applicable costs or charges. Delivery costs (or any other charges, if any) will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review all of the delivery costs and other applicable charges that apply to your purchase before you confirm your purchase. Each item in your Shopping Cart is shown at the current item price.

Product offers on Microsoft Store do not constitute binding offers by us. By clicking “buy now,” or the comparable button to send your order to Us, you make a binding offer in relation to all of the products in your cart. If we accept your order, you will receive an automated purchase confirmation email. The purchase contract is concluded by this email.

Microsoft Store offers different payment options as identified on our Website. You can purchase items from Microsoft Store using any of the following card types: Visa, MasterCard and American Express. You may also purchase items from Microsoft Store using PayPal. Microsoft Store does not accept checks, money orders, Microsoft Retail Gift Cards or other forms of payment. Currently Microsoft Retail Gift Cards may only be used at participating Microsoft Store retail locations. We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by Microsoft Store.

If you are taking part in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, we may charge you for the service.

RETURN POLICY

This return policy is provided in addition to any legal guarantees or any other statutory return rights that you may have under law (see the Product Warranties section below). Subject to our return criteria, you may withdraw from the purchase contract and request a refund without giving a reason within fourteen (14) calendar days. The withdrawal period will expire after fourteen (14) calendar days from:

For downloadable products, when the products are delivered electronically to your account and made available for download.

For downloadable subscriptions and services, when you click the buy button in the checkout process. We may begin to provide the subscription or the service immediately on purchase.

For physical/non-downloadable products, delivery.

For pre-order downloadable products and subscriptions, when the products are delivered electronically to your account and made available for download. For pre-order physical/non-downloadable products, when the products are delivered.

In case of products ordered in one order and delivered separately, when the last product is delivered or made available.

In case of a product consisting of multiple lots or pieces, when the last lot or piece is delivered or made available.

In case of regular delivery of products during defined period of time, when the first product is delivered or made available.

If the applicable law of your country grants you a longer withdrawal period, that period will apply. We may extend the right of withdrawal period during holiday or other periods. If a longer period is advertised on our website, the advertised period will apply.

To exercise your right of withdrawal, you must inform us of your decision before the withdrawal period has expired. Please contact us at Sales and Support to notify us of your decision and to initiate the return process. You may also use either of the attached withdrawal forms, but it is not obligatory. If you use this form, please submit it electronically within the withdrawal period as indicated in the form and we will send you a receipt notification email without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you exercise your right of withdrawal, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. Refunds will be made in the same method of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You must send back the goods to us without undue delay and in any event not later than 14 calendar days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 calendar days has expired. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest. We will bear the returning costs. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Return Criteria

We will accept returns of items that meet our return criteria. As a condition of withdrawal, and to the extent permitted by law, the following requirements apply.

All returns must be accompanied by the original receipt or gift receipt, original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original manufacturer packaging. If you are returning software, you must also include all media and product keys. Subject to applicable law, failure to include such items may prevent or delay your refund or result in additional fees and Microsoft reserves the right to deny any return if it fails to meet the return criteria and conditions. All products must be returned with reasonable care having been taken (such as must not show wear or damage, and must be in a condition that permits us to resell them).

For downloadable products and subscriptions, we may require you to sign an electronic letter of destruction as condition of withdrawal from this contract. For services, the service must not have been delivered, performed or consumed by you. For software and games, all boxed software and video games must be returned with their seal intact.

For phones, you can return them during our return period, but it is your responsibility to cancel your service within the time specified by your carrier or your carrier may charge you an early termination fee. This is a carrier policy and we have no influence over their cancellation policies. For product key cards ("PKC") purchased with computers, they can be returned within the return period as a standalone item provided it has not been opened, altered, or damaged. If you return the computer that you purchased together with the PKC, the PKC must also be returned.

Microsoft Store will not accept the following items for return: (i) items that have been personalized or customized: (ii) special order items, if not part of a Microsoft Store promotional retail sales offering, (iii) items that have been used, altered or that show wear or damage, (iv) physical and downloadable gift cards and service cards (i.e Skype cards, Xbox Live cards), (v) performed services, (vi) random access memory (“RAM”) products, and (vii) clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable.”

Additional Conditions:

Upgrade option and returns. If you purchased an otherwise returnable product with an upgrade option, returns will be honored within the return period, and special return procedures apply as follows:

If you return the product before the upgrade is released, you will not receive the upgrade.

If you return the product after the upgrade is released, you must return both the product and upgrade together.

Promotions and bundles. For promotional items and bundles, all included products and/or services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund.

Personal data. Microsoft is not responsible for any personal data included on returned items. Please ensure that your personal data is removed from all items prior to return.

PRODUCT WARRANTIES

Many products available on Microsoft Store come with manufacturer warranties. Please see the manufacturer warranties for specific details for how to resolve issues that are covered by those warranties. For some products, you will have the option to purchase an Extended Service Plan at an additional cost. Please see the specific plans for details. In addition, our products may come with guarantees that cannot be disclaimed under law, such as statutory protection relating to faulty or misdescribed goods or services. Any commercial warranties are in addition to these rights. Learn more About Commercial Warranties & Statutory Rights. Should you have an issue with your product, please contact Sales and Support.

CUSTOMER SERVICE

You can contact us to request information about our products and services or about your purchases, and for customer support inquiries or any related issue or complaint through any of the contact channels indicated in our Sales and Support page.

Terms Relating to Both Your Use of the Microsoft Store and Sales to You

VARIATION OF TERMS

The Terms of Use and Sale in force at the time you consented to them will govern your purchase and serve as the purchase contract between us. Before your next purchase, Microsoft may have updated the Terms of Use and Sale without notice to you. Please be sure to review the current Terms of Use and Sale each time you visit the Microsoft Store. We recommend that you save or print a copy of the Terms of Use and Sale for your future reference and use in connection with your purchase.

LIMITATIONS ON USE BY MINORS

You must have reached the age of majority in your province/territory of residence to purchase products from the Microsoft Store.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Information about you and your purchase history is treated in accordance with Our Privacy Statement.

PRODUCT DISPLAY AND COLOURS

Microsoft attempts to display product colours and images as accurately as possible. Different computer monitors display colour differently, however, and we cannot guarantee that the colour you see on your monitor will exactly match the colour of the product.

ERRORS ON SITE

We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Microsoft Store Website at any time, including to product prices, specifications, offers and availability.

TERMINATION OF SITE USE

Microsoft may terminate your account or use of the Microsoft Store Website at any time for legitimate reasons, including, without limitation, if you are in breach of these Terms of Use and Sale or if the Website is no longer operated by Microsoft. By using the Microsoft Store, you agree to be responsible for any orders you make or charges you incur prior to such termination. Microsoft may change, discontinue, or otherwise suspend the Microsoft Store at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of the Service or/product or otherwise disrupts your order, please contact the Microsoft Store.

DISCLAIMER AND LIMITATION OF LIABILITY

THE TERMS OF THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY MANDATORY APPLICABLE LAW. THIS SECTION IS NOT INTENDED AND DOES NOT OPERATE TO LIMIT OUR LIABILITY TO THE EXTENT WE MAY BE LIABLE TO YOU UNDER LAW OR PURSUANT TO ANY STATUTORY RIGHTS WHICH APPLY TO YOU.

THE PRODUCTS SOLD ON MICROSOFT STORE ARE SUBJECT TO ANY STATUTORY WARRANTIES AND, WHERE APPLICABLE, ONLY WARRANTED ACCORDING TO THE TERMS OF ANY LICENSE AGREEMENT OR MANUFACTURER WARRANTY THAT MAY ACCOMPANY THE PRODUCTS.

EXCEPT AS EXPRESSLY GUARANTEED IN THE LICENSE AGREEMENT OR IN ANY MANUFACTURER GUARANTEE THAT MAY ACCOMPANY THE PRODUCT, NO GUARANTEE IS PROVIDED.

MICROSOFT MAKES NO SPECIFIC REPRESENTATIONS OR WARRANTIES AND PROVIDES NO ASSURANCE OF ANY CONDITION WITH REGARD TO THE PRODUCTS, INCLUDING REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MICROSOFT WILL PROVIDE YOU WITH THE PROTECTION AND BENEFIT OF ANY APPLICABLE LAW OR STATUTORY WARRANTIES WHICH APPLY TO DEFECTIVE PRODUCTS.

THE MICROSOFT STORE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER MICROSOFT NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS OR GIVE ANY ASSURANCE OTHER THAN EXPRESSLY CONTAINED HEREIN REGARDING THE MICROSOFT STORE, INCLUDING THAT YOUR USE OF THE MICROSOFT STORE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT DISCLAIM EITHER OUR OR OUR AGENT’S LIABILITY FOR FRAUD OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE.

GENERAL LEGAL TERMS

Interpreting the Contract

If, in any jurisdiction, any provision of this Contract or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective without invalidating the remaining provisions of this Contract and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. Other terms may apply if you purchase products or services from other Microsoft websites.

Assignment

We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this contract or transfer any rights hereunder.

No Third Party Beneficiaries

This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.

Claims

Claims must be filed within the period of time required by your local law. If your claim isn’t filed in time, it is permanently barred.

ALL CLAIMS, INCLUDING CLAIMS REGARDING BREACH OF CONTRACT, BREACH OF WARRANTY, CONSUMER PROTECTION LAWS, UNFAIR COMPETITION LAWS, AND IN TORT, WILL BE SUBJECT TO THE LAWS OF LUXEMBOURG OR OF THE COUNTRY OR REGION IN WHICH YOU RESIDE, AT YOUR OPTION. WITH RESPECT TO JURISDICTION, YOU MAY CHOOSE THE RESPONSIBLE COURT IN LUXEMBOURG OR IN THE COUNTRY OR REGION IN WHICH WE DIRECT YOUR SERVICE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS CONTRACT.

NOTICES

Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement at: http://www.microsoft.com/info/cpyrtInfrg.htm. INQUIRIES THAT ARE SUBMITTED BUT ARE NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.